Assault at a Workplace: Defenses and Rights in Texas

If you are facing an assault charge related to an incident that happened at your workplace, you might be feeling confused, worried, and unsure of what steps to take next. At Wilder Law Firm, we understand the emotions and stress that come with such situations, and we are here to guide you through the process with care and dedication. This page aims to help you understand the defenses available to you, your rights as a person accused of assault at work, and the best course of action to take to protect yourself in this difficult time. We believe in ensuring our clients fully understand their legal situation and helping them pursue the best possible outcomes in their case.

What is Workplace Assault?

In Texas, workplace assault typically refers to any act of violence or physical harm that occurs between coworkers or between an employee and their employer. This can include pushing, hitting, or even threats of harm. A workplace assault can lead to both criminal charges and civil liability, depending on the circumstances surrounding the incident. If you have been accused of assaulting someone at work, it is essential to understand your legal rights and what defenses may be available to you. Assault at work may happen due to various reasons, such as workplace stress, misunderstandings, or heated arguments. Regardless of the cause, it is critical to handle the situation with the proper legal guidance.

Your Rights if You Are Accused of Assault

Being accused of assault at your workplace can feel overwhelming, especially if the incident has affected your career or personal life. However, in Texas, everyone has specific rights when facing assault charges. First and foremost, you have the right to remain silent. This means you do not have to answer any questions or make any statements without the presence of an attorney. It is also essential to know that, as an employee, you cannot be fired for facing assault charges unless it directly impacts your job responsibilities or violates company policies. If you have been accused, it is crucial to act swiftly and protect your rights, as the legal process can be complex and stressful.

PROTECTING YOUR RIGHTS AND FUTURE

Criminal Defense Attorney

Douglas Wilder 

PROTECTING YOUR RIGHTS AND FUTURE

Criminal Defense Attorney

Douglas Wilder 

Attorney Douglas Wilder has always stayed on the cutting edge of training and attending seminars to ensure he has the most knowledge he can to represent his clients. This has led him to be recognized as one of the Best Lawyers under 40 in Dallas by D magazine, and also recognized as a Super Lawyer for 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2021, 2022, & 2023.  .

Attorney Douglas Wilder has always stayed on the cutting edge of training and attending seminars to ensure he has the most knowledge he can to represent his clients. This has led him to be recognized as one of the Best Lawyers under 40 in Dallas by D magazine, and also recognized as a Super Lawyer for 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2021, 2022, & 2023.  .

PROTECTING YOUR RIGHTS AND FUTURE

Criminal Defense Attorney Douglas Wilder 

Attorney Douglas Wilder has always stayed on the cutting edge of training and attending seminars to ensure he has the most knowledge he can to represent his clients. This has led him to be recognized as one of the Best Lawyers under 40 in Dallas by D magazine, and also recognized as a Super Lawyer for 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2021, 2022, & 2023.  .

Defenses Against Assault Charges at the Workplace

When it comes to defending yourself against assault charges in Texas, there are several possible defenses that can be used to challenge the accusation. The exact defense strategy will depend on the details of your case, but it is important to understand the most common defenses that may apply to workplace assault.

One of the most common defenses is the claim of self-defense. If you were acting in defense of yourself or someone else, you may have been justified in using force to protect yourself. In Texas, self-defense is recognized as a legal defense if you believed you were in immediate danger of being harmed. If you were defending yourself from a coworker who initiated the confrontation, your actions may not constitute assault. However, the use of force must be reasonable, meaning you cannot escalate the situation unnecessarily.

Another defense is the argument of mutual combat. If both parties involved in the incident agreed to fight or were actively engaging in a fight, it could be argued that the assault was the result of mutual consent. In this case, the charges might be reduced or dismissed, depending on the circumstances.

In some cases, the use of force may be justified due to the necessity of controlling a situation that posed a danger to others or the work environment. For instance, if a coworker was threatening to harm someone, you may have acted to prevent further harm or injury. In such situations, your actions could be defended as necessary to maintain safety in the workplace.

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The Wilder Law Firm helped me overcome my case with the most favorable outcome possible. My case was dismissed very quickly and they kept me updated throughout the process. They handled all of my court appearances which kept me from having to spend time away from work. I greatly appreciate their help and would highly recommend them.”

- Forrest Davis

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I hired the Wilder Law Firm to help with my Family Violence Citations due to it’s remarkable reviews, experience in the field and high approval rating! The firm successfully resolved my cases and got both of them dismissed. This has not only given me a greater relief, but I’m happy and excited that I have no record to worry about. Thank you everyone at the Wilder Law Firm for the support and patience with me. I’m very excited."

- Steve Ak

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My advice– call Wilder Law Firm– they will help you! I had two cases in two different courts and they were able to get both dismissed! Facing these two charges put me in a really hard time for a few months but with the Wilder Law Firm’s help, I was able to put all this past me and move on with a clean record. This was a hard life lesson but I am thankful for the results."

- Rudy Castanon

How a Workplace Assault Can Affect Your Employment

In addition to the criminal consequences of a workplace assault, you may also face disciplinary action from your employer. Texas law allows employers to take action against employees involved in violent behavior at work, especially if it violates company policies. Depending on your employer’s policies, this could result in suspension, termination, or other employment-related consequences. However, Texas is also an “at-will” employment state, meaning employers can fire employees for almost any reason, as long as it is not based on discrimination or retaliation.

It is essential to remember that your employer may conduct an internal investigation into the incident, and the findings from this investigation could influence your employment status. If you have been accused of assault at work, you should be aware that the consequences could go beyond criminal charges and affect your livelihood.

Why You Need an Attorney for Your Workplace Assault Case

If you have been accused of assault at your workplace, hiring an attorney should be one of your top priorities. An experienced attorney can review the facts of your case, assess the available defenses, and guide you through the legal process. With the right attorney by your side, you can be assured that you are not alone in facing these charges. An attorney can also help you understand the potential consequences of a conviction, including criminal penalties and possible impacts on your employment.

Legal representation is essential for navigating complex workplace assault cases, as there are often numerous factors to consider. Your attorney will ensure that your side of the story is heard, help gather evidence in your defense, and make sure that your legal rights are upheld throughout the process.

700+ ACQUITTALS, DISMISSALS & REDUCTIONS FOR OUR CLIENTS

Manslaughter

Result: Not Guilty

Assault Family Violence

Result: No Charges Filed

Title IX Accusation

Result: Case Dismissed

Solicitation of a Minor for Sex

Result: Probation

Delivery of a Controlled Substance

Result: Not Guilty

Aggravated Assault with Deadly Weapon

Result: Deferred Probation

What Happens After You Are Charged with Assault at Work

Once you are formally charged with assault at work, the legal process will begin. This typically involves an investigation into the incident, followed by either a settlement, plea negotiation, or trial. The first step is usually the filing of criminal charges by the prosecutor’s office, and you will be formally notified of the charges against you. Your attorney can help you understand what to expect during this stage and prepare for any hearings or trials.

If your case is taken to trial, your attorney will argue on your behalf and present evidence to support your defense. It is important to note that you are presumed innocent until proven guilty, and your attorney will work to ensure that this principle is upheld throughout the legal proceedings.

What to Do If You Are Facing Assault Charges at Work

If you are facing assault charges related to a workplace incident, the most important thing you can do is seek legal assistance as soon as possible. The sooner you consult with an attorney, the better your chances of a successful outcome. You should never try to handle a workplace assault case alone, as the consequences can be severe.

At Wilder Law Firm, we understand the stress and confusion that can come with facing assault charges, especially when they occur at your place of employment. Our team is here to provide you with the support, guidance, and legal expertise you need to protect your rights and achieve the best possible result for your case. Whether you need help building a defense, negotiating a settlement, or preparing for a trial, we are committed to standing by your side throughout the entire legal process.

If you or someone you know is dealing with an assault case at work, don’t hesitate to reach out to us. Let us help you navigate this challenging situation and work towards a positive resolution for your future. Contact Wilder Law Firm today to discuss your case and learn how we can assist you in fighting the charges and protecting your rights.

To learn more about this subject click here: Assault and Self-Defense in Texas: What the Law Says